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Commercial Litigation Funding

Litigation Funding Assessment

The main ingredients of a fundable claim are that:

  • The claim should have good prospects of success against a solvent defendant; and
  • The claim value should be for a sufficient multiple of the likely costs. For example the claim should normally be worth at least 6 times the costs of pursuing it all the way through trial. There are no upper limits in terms of costs or the quantum of damages.

 

Breaking this down a little further, Calunius Capital will assess potentially investable cases on a variety of factors, principally:

  • Merits – What are the strengths and weaknesses of the legal arguments and of the supporting evidence?
  • Quantum – What level of damages is likely to be achieved on success at trial or on settlement?
  • Recoverability – Is the Defendant good for the money?
  • Time – How long will it take to achieve resolution, including the risk of appeal?
  • Costs – How much will the Claimant’s costs turn out to be; what is the risk of over-run; how will the adverse costs risk be dealt with?
  • Variability – How likely are each of the above factors to change?

 

In principle, we work with the case materials that are available. Ideally, in order properly to assess the risk, we like to see and evaluate the following items before a decision can be taken:

  • The principal documents (contracts, correspondence etc.) relied on in the case;
  • Any witness statements that have been prepared;
  • Any Court documents that have been filed;
  • A written legal opinion dealing positively with the merits;
  • A written, legally coherent justification of the quantum sought in the claim;
  • A written estimate of the costs to be incurred in pursuing the claim.

 

However we do recognise that, depending on the stage the preparations of the case have reached, some of these documents might not be immediately available. In particular we do not necessarily require a Counsel’s Opinion and the Calunius Fund will pay for the preparation of a formal legal review in appropriate cases.

 

Back to Litigation Funding

 

 

Calunius news and media

Deutsch Amerikanische Juristen Vereinigung e.V. (DAJV) - Working Group Day

Frankfurt, 17 March 2017

The DAJV Working Group Day discussed inter alia New Approaches to Attorney Remuneration and Financing in International Litigation/Arbitration on both sides of the Atlantic in times of Digitalization. Calunius partner Christian Stuerwald joined senior practitioners in a panel discussion about this topic. Click on the headline to access the full programme.

Stans Energy obtains favourable award on jurisdiction

February 2017

An arbitral tribunal in the case of Stans Energy v Kyrgyz Republic has issued an award favourable to the claimant on a number of jurisdictional objections that had been raised by the respondent state in the underlying UNCITRAL proceedings. A press release of the company can be accessed by clicking on the headline.

Calunius announces new Fund and strengthens its team

November 2016

Calunius announces the closing of the Calunius Litigation Risk Fund 3 LP at a total of £100 million of capital. Calunius now advises funds totalling more than £200 million investing in large scale commercial litigation and arbitration assets. Calunius is also delighted to announce the recruitment of Christiane Deniger as Senior Case Assessor. Christiane was most recently a senior associate at a well known international law firm. Click on the headline to access the full press release.

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